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Welcome to TVEars.com
TV Ears, Inc and its affiliates provide their services to you subject to the following conditions. By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Copyright
All content on this site, including but not limited to text, graphics, logos, button icons, images, videos, digital downloads, data compilations, and software, is the property of TVEars.com or its content suppliers and is protected by United States and international copyright laws. All content on this site is the exclusive property of TVEars.com and is protected by United States and international copyright laws.
Trademarks
TV•EARS and other marks indicated on our site are registered trademarks of TV Ears, Inc. or its subsidiaries, in the United States and other countries. TV Ears, Inc. trademarks may not be used in connection with any product or service that is not manufactured, sold, or provided by TV Ears, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TV Ears, Inc. or TVEars.com. All other trademarks not owned by TV Ears, Inc. or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TV Ears, Inc.
License to Site and Site Access
TVEars.com grants you a limited license to access this site. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TV Ears, Inc. Any unauthorized use terminates the permission or license granted by TVEars.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TVEars.com so long as the link does not portray TVEars.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TVEars.com logo or other proprietary graphic or trademark as part of the link without express written permission. TV Ears, Inc. makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from this site, or websites linking to this site. Such sites are not under the control of TV Ears and TV Ears is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. TV Ears provides these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by TV Ears of any site or any information contained therein.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by implication or otherwise. This license is revocable at any time.
Eligibility and Your Account
This site is not targeted towards, nor intended for use by, anyone under the age of 15. By using the site, you represent and warrant that you are 15 years of age or older. If you are not at least 15 years of age, do not access, use or register for an account on this Site. If you are under 18, you may use TVEars.com only with involvement of a parent or guardian. If you use this site, you are responsible for maintaining the confidentiality of your account and/or password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. TVEars.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
In consideration of your use of this site, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to TV Ears, Inc.; and (d) promptly notify TV Ears if you discover or otherwise suspect any security breaches related to this site.
Visitor Posted Content
Visitors to TVEars.com may post reviews or comments; send email communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. TVEars.com reserves the right (but not the obligation) to remove or edit such content, and does regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant TVEars.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TVEars.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. TVEars.com has the right but not the obligation to monitor and edit or remove any activity or content. TVEars.com takes no responsibility and assumes no liability for any content posted by you or any third party.
We may use a third party to provide the opportunity to review products or services. In that case, you will also need to review the terms of service for that third party's website, including its privacy policy, to determine whether they are acceptable to you.
In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect TV Ears' systems and customers or to ensure the integrity and operation of TV Ears' business and systems, TV Ears may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information, IP addressing and traffic information, usage history and posted User Content. TV Ears' right to disclose any such information shall govern over any terms of TV Ears' Privacy Policy.
Shipping
All items purchased from TVEars.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service.Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only - actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.
Product Descriptions
TVEars.com attempts to be as accurate as possible. However, TVEars.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by TVEars.com itself is not as described, your sole remedy is to return it in unused condition.
Disclaimer & Limitations
The materials on TV Ears, Inc's web site are provided "as is". TV Ears, Inc makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, TV Ears, Inc does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall TV Ears, Inc or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on TV Ears, Inc's Internet site, even if TV Ears, Inc or a TV Ears, Inc authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Prices and Availability
All prices are shown in U.S. dollars; taxes, shipping and handling charges are additional and are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. Additionally, some products displayed on our site are also available in retail stores while supplies last, but you should not assume that what you see on the site can always be seen in retail stores. Prices displayed on the site may vary from those in retail stores or from retail or magazine advertised prices.
Payment and Refund
Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment cards or other payment method information current.
Warranties
For a period of time, indicated in materials provided with the product or on this site, from the date of purchase, TV Ears warrants their product against defects in material or workmanship. The TV Ears receiver, transmitter, and all parts (excluding the disposable TV Ears Tips or rubber tips) are under warranty and will be replaced or repaired at no charge to the owner. This warranty is provided at the discretion of TV Ears, Inc. and does not cover cosmetic damage or damages due to acts of nature, accident, misuse, abuse, negligence, commercial use, or modification of or to any part of the product. Under TV Ears replacement for a product under warranty policy, you agree that any product or part of a system that is not returned within 30 days of receiving the replacement will be charged to the credit card provided at full cost.
After the warranty period, the TV Ears provides you with an affordable way to exchange your TV Ears system.
Electronic Communications
When you visit TVEars.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Applicable Law
By visiting TVEars.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and TVEars.com or its affiliates.
Disputes
Any dispute relating in any way to your visit to TVEars.com or to products you purchase through TVEars.com shall be submitted to confidential arbitration in San Diego, California, except that, to the extent you have in any manner violated or threatened to violate TVEars.com’s intellectual property rights, TVEars.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to TVEars.com. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Our Address
TV Ears, Inc.
2701 Via Orange Way, Suite 1
Spring Valley, CA 91978
http://www.tvears.com |
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